The provisions of this waiver are additional to the conditions of contract governing your lift pass and apply to the extent of any inconsistency with those conditions.

DEFINITIONS

“Event” means LAWSKI 2020, including all of the related functions organised by either or both of the Organisers.

“Event Host” means Kosciuszko Thredbo Pty Limited (ABN 95 000 139 015).

“Organisers” means the organisers of the Event and include, but are not limited to, the Kosciuszko Thredbo Pty Limited (ABN 95 000 139 015) and LAWSKI Inc. (Y2463619).

IN CONSIDERATION FOR, AND AS A CONDITION OF MY ENTRY AS A PARTICIPANT IN THIS EVENT, I HEREBY:

1. warrant that I am medically fit (including physically and mentally) to participate in the Event and that I have not been advised otherwise by a medical practitioner;

2. warrant that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or used in or related to the conduct of the Event ("Event Staging Area") and agree that I will not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event Staging Area;

3. agree that I will participate in the Event at my own risk and acknowledge that ALL ALPINE ACTIVITIES INCLUDING ALPINE, FREESTYLE AND NORDIC SKIING AND SNOWBOARDING ARE RISKY AND INHERENTLY DANGEROUS AND MAY RESULT IN SERIOUS PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS AND THAT MAY OR WILL INVOLVE THE RISK OF SEVERE ECONOMIC OR PROPERTY LOSS AND DAMAGE AND I UNDERSTAND THAT ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM MY ACTIONS BUT FROM THE ACTIONS, OMISSIONS OR NEGLIGENCE OF OTHERS;

4. agree that I will abide by the rules and conditions of the Event, including those in any literature or verbal or written instructions of the Organisers, and that I will at all times comply with the Alpine Responsibility Code;

5. waive, release and discharge all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent, which I may otherwise have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event;

6. indemnify against any claim, right or cause of action howsoever arising, whether or not presently ascertained, immediate, future or contingent which I may have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event;

7. agree that the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 above shall operate in favour of the Event Host and each Organiser and their respective employees, contractors, assigns, sponsors, agents, officers, committee members, directors and related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), each the “Released Persons”, and shall so operate whether or not the loss, injury or damage is due or attributable to an act, neglect or omission of any one or more of the Released Persons;

8. agree that the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 above may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgment which has or may be brought or made or recovered against any or each of the Released Persons;

9. acknowledge and agree that the Event Host’s and the Organisers’ respective liability under any statutory right or any condition or warranty implied by law, including the Competition and Consumer Act 2010 (Cth), which cannot be lawfully excluded is, to the extent permitted by law, limited at the option of the Event Host and/or Organisers to the re-supply of the relevant services by the Event Host and/or Organisers or the payment by the Event Host and/or Organisers of the cost of having the services supplied again;

10. agree that, without limitation to the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 above, the liability of the Event Host will be limited to that part of the Event which is located at or held on its premises and the Event Host will not be liable in any circumstance or to any extent for any action arising in relation to that part of the Event which is located at or held on the premises of another Event Host; and

11.  agree that I will wear a helmet and any other safety equipment required by the Organisers and will not attempt any aerial manoeuvres or off axis rotations in any Event.

ONLY CONFIRMED EVENT ENTRANTS WHO COMPLETE AND AGREE TO BE BOUND BY THIS WAIVER ARE ELIGIBLE TO BECOME PRIZE WINNERS AT ANY LAWSKI EVENT.

“Prize” means a door prize, auction prize, donated gift, race prize or any other item presented to a participant during the Event.

“Event Sponsor” includes any donor or supplier of a Prize presented at the Event.

BY ACCEPTING A PRIZE, I AGREE TO BE BOUND BY THE FOLLOWING CONDITIONS:

1. Prizes are not transferable, exchangeable, refundable or redeemable for cash or other discounts and are subject to the Prize giver’s terms and conditions;
2. the organising committee of LAWSKI Inc. fully reserves its right to cancel or withdraw a Prize from any Prize recipient who does not accept condition (1) directly above. Any such decision is at the sole discretion of the organising committee;
3. any taxes or other charges which may be payable by a Prize recipient as a result of receiving a Prize are the sole responsibility of the Prize recipient;
4. although the organising committee takes all care to correctly advertise the nature, availability and value of Prizes, it make no promises of any kind about any Prize and does not accept any responsibility for any actual or alleged loss arising from or in connection with any Prize; and
5. in consideration of the organising committee accepting my entry to the Event, I agree to forever discharge the Organisers and the Event Sponsors from all claims I have or may have had in relation to or arising out of any Prize.

While not compulsory, Kosciuszko Thredbo recommends the wearing of helmets for skiing and riding at all other times. Riders are encouraged to educate themselves on the benefits and limitations of helmet usage. The primary safety consideration, and an obligation under the Alpine Responsibility Code, is to ski and ride in a controlled and responsible manner.

Devices such as Go-Pros, ActionCams and any other mounted recording devices may only be used when properly attached and safely used (whether mounted to a helmet, goggles, clothing or any item of equipment).

Kosciuszko Thredbo prohibits the unauthorised operation or use of any remotely piloted aircraft or any form of aerial drones, including recreational users and unauthorised commercial users, as per its drone policy: https://www.thredbo.com.au/the-mountain/drone-policy/

By attending LAWSKI 2020:

1. I acknowledge that LAWSKI 2020 events will be conducted in strict compliance with the NSW Government’s rules, policies and procedures which are in place in connection with the COVID-19 global pandemic (including but not limited to the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (NSW)).

2. I acknowledge the serious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected with COVID-19 by attending and participating in LAWSKI 2020 events, and that being exposed to or infected with COVID-19 may result in serious personal injury, illness, total and permanent disability, or death.

3. I agree that I will not attend any LAWSKI 2020 events if I:
a. am experiencing any flu-like symptoms (such as a sore throat, running nose, fever, cough or shortness of breath);
b. have received a positive test result for COVID-19, or have been in close contact with any person who has tested positive for COVID-19;
c. am awaiting results of a test for COVID-19;
d. have been, or reside with anyone who has been, advised to self-isolate by NSW Health or a medical practitioner due to COVID-19; or
e. have attended any venue which has been identified as a COVID hotspot at any time in the last 14 days.

4. I agree that if I develop any flu-like symptoms while I am attending and participating in any LAWSKI 2020 event, I will:
a. immediately seek to obtain a COVID-19 test and will self-isolate until I have obtained the results;
b. otherwise comply with the directions of NSW Health or a medical practitioner in connection therewith; and
c. will notify the LAWSKI organising committee (at info@lawski.com.au) of the fact of having obtained a test, and the result, as soon as practicable.

5. I agree that I will comply with all COVID-19 directions given to me by any person (including, without limitation, representatives of LAWSKI, Kosciuszko Thredbo Pty Ltd, or any venue in which a LAWSKI event is hosted), whether verbally or in writing, and to comply with all applicable policies and procedures which apply to my attendance at and participation in LAWSKI 2020 events.